Beierle v. City of Newport

Opinion op the Court by

Judge Siler

Affirming.

Frank W. Beierle, appellant, who is a citizen and taxpayer of the City of Newport, sought a mandatory order to compel that city’s mayor and commissioners, appellees, to either adopt a certain proposed city ordinance or else cause its submission to popular vote for a decision of the people, all in accordance with the provisions of KBS 89.610.

The trial court sustained, in effect, the legality of one part of the proposed ordinance but denied such legality as to another part of same. However, the triál court obviously considered this ordinance and…